final report of the marion county consolidation study ... - Oncourse

for the Superior Courts and would not create any savings or efficiencies. Bob Lutz, Judge of the
Wayne Township Small Claims Court, discussed how the IWP provision that requires the county
auditor (with the approval of the city-county council) to set the salaries of small claims courts may
present a separation of powers problem. He discussed other potential legal obstacles to consolidation,
such as a small claims court venue rule that requires real estate actions to be filed in the township
where the property is located and a federal lawsuit settlement that was the impetus for legislation that
amended the law concerning the township courts. He said that if the small claims courts are made
a division of the superior courts, small claims court judges would be prohibited from private practice
in the Marion County superior courts due to ethical concerns. Bob Spear, Judge of the Perry
Township Small Claims Court, added that small claims judges' salaries would have to be adjusted
upward to offset the loss of income. Judge Spear said that if merged, the volume of small claims
court cases would inundate the Superior Courts. He noted that the 1995 consolidation of the Marion
County municipal courts into the superior court system resulted in budget increases.
Constables
Jerry Young, Franklin Township Constable and former IPD officer, said that the current
constable system is efficient and should not be changed. He noted that his employees are
subcontractors who provide their own cars and are responsible for their own gas and vehicle
maintenance. Bobby Gornauer, Constable, Las Vegas Township, Clark County, Nevada and
Executive Officer of the National Constable Association, discussed how his office is funded entirely
from fees and produces surplus revenue. The deputy constables of his office are subcontractors who
pay for their own training and post certification. He explained that his office already does most of
the civil service of process and is negotiating to take over the remaining civil service that is done by
the sheriff's department. Roy Houchins, Perry Township Constable and former Marion County
Sheriff's Deputy, Civil Division, said that some civil service that is being done by the sheriff's
department could be done by the constable. He said that while sheriff's deputies receive a salary, his
deputies are subcontractors who are paid a fee for each service. Shirley Challis, Deputy Chief, Civil
Division, Marion County Sheriff's Department, said that the sheriff's department and the constable's
office serve different types of papers, and that there is a place in the system for both of them. The
sheriff's department would like to charge a fee for service of process, but state law prohibits this
unless it is service for an out of state filing.
Township assessors
Dick Hoffman, CAE, MAI, Appraisal Research Corp., Ohio said he does not recommend
implementing the township assessor provisions of the IWP to improve efficiency. He recommends
investing in more technology, hiring more personnel, and for each assessor's office to conduct a self
evaluation to analyze and improve operations. Glen Bill, Broker/ Realtor and Manager, Century 21,
explained that he joins the Metropolitan Indianapolis Board of Realtors support of the IWP but also
supports the township assessors who, in his experience, have been accessible and knowledgeable
about the property within their jurisdiction. He expressed concern that consolidation will result in
assessment appeals being decided by the same entity that performs the assessments. He hopes
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